Dismissed

K.B.Balakrishna Rai v. the State Transport Authority

Kerala HC8 Aug 2012WP(C)/77/2010

Case brief

AI extract

What is this about?

This writ petition regarding a show cause notice (Ext.P6) issued to the petitioner by the Regional Transport Officer was dismissed. The court held that similar operators' petitions involving the same issue were disposed of by the Supreme Court, directing them to approach the State Transport Authority. Therefore, the petitioner is directed to approach the State Transport Authority within fifteen da

What did the court decide?

Petitioner directed to approach the State Transport Authority within fifteen days; interim order continues pending outcome.

K.B.Balakrishna Rai Vs the State Transport Authority — Motor Accident Claims | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934

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WP(C).No. 77 of 2010 (H)

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PETITIONER:

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K.B.BALAKRISHNA RAI, NAVADURGAPRASAD, VIJAYALAKSHMI COMPOUND, KADRI-KAMBALA ROAD MANGALORE, KARNATAKA STATE

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BY ADVS.SRI.THAMPAN THOMAS

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SRI.B.V.JOY SANKER

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RESPONDENTS:

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1. THE STATE TRANSPORT AUTHORITY,

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THIRUVANANTHAPRUAM REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY, THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM.

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3. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD.

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4. THE MOTOR VEHICLES INSPETOR, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD.

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ADDL.R5 IMPLEADED

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ADDL.R5. THE KERALA STATE ROAD TRANSPORT CORPORATION,

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REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC BHAVAN, THIRUVANANTHAPURAM

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ADDL.R5 IMPLEADED AS PER ORDER DATED 17.9.2010 IN IA.11194/2010

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BY GOVERNMENT PLEADER SMT.ANITHA RAVENDRAN BY ADV. SHRI P.BENJAMIN PAUL,SC, KSRTC BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 77 of 2010 (H)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF THE RENEWED PERMIT ISSUED BY THE SECRETARY, KSTA, BANGALORE DATED 11.04.2007.

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EXT.P2. COPY OF THE ORDER SANCTIONING COUNTER SIGNATURE BY THE 1ST RESPONDENT DATED 18.06.2007

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EXT.P3. COPY OF THE ORDER IN SLP NO.13808-13810 OF 2009 DATED 1.06.09.

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EXT.P4. COPY OF THE ORDER IN PETITION TO SLP NO.8710-8712 DATED 16.07.09

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EXT.P5. COPY OF THE LETTER ISSUED BY THE SECRETARY, STA, KARNATAKA DATED 8.06.09 TO THE 1ST RESPONDENT.

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EXT.P6. COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 22.12.2009.

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RESPONDENT'S EXHIBITS :

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ANNEXURE-R5(A). COPY OF THE ORDER DATED 10.7.2009 IN SLP(C) NO.6775/2009 OF THE HON'BLE SUPREME COURT OF INDIA.

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ANNEXURE-R5(B). COPY OF THE ORDER DATED 24.9.2010 IN SPECIAL LEAVE TO APPEAL (CIVIL) NOS.13808-13810/2009 OF THE HON'BLE SUPREME COURT OF INDIA.

/ TRUE COPY /

P.A. TO JUDGE

K.SURENDRA MOHAN, J.

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= = = = = = = = = = = = WP(C).No.77 of 2010.

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= = = = = = = = = = = =

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Dated this the 8^th August, 2012.

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J U D G M E N T

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In view of Annexure-R5(a) Order of the Supreme Court

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by which Special Leave Petitions filed by similar operators like the petitioner have been dismissed and, in view of Annexure-R5(b) Order by which similar petitioners were directed to approach the State Transport Authority against the show cause notices issued to them, it is only appropriate that the petitioner herein is also relegated to that remedy. Ext.P6 is a similar show cause notice issued to the petitioner herein. The contention of the petitioner is that the Regional Transport Officer has no authority to issue Ext.P6.

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This writ petition is accordingly disposed of directing the petitioner to approach the State Transport Authority within fifteen days of receipt of a copy of this

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WP(C).No.77/2010.

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judgment raising all the contentions available to him against the impugned notice, Ext.P6. Pending final disposal of such proceedings, if initiated within the time stipulated above, the interim order granted by this Court shall continue to be in force. The State Transport Authority shall consider the matter in accordance with law and shall take a decision in the matter within a period of two months of the date of initiation of the proceedings, in accordance with the above direction.

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K.SURENDRA MOHAN, (Judge)

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Kvs/-

K.B.Balakrishna Rai v. the State Transport Authority

Case brief

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K.B.Balakrishna Rai v. the State Transport Authority

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